IJ Issue
Publicly Funded Scholarships
IJ has fought to protect nearly every publicly-funded scholarship program in the country from outside attacks.
Publicly funded educational choice programs allocate state funds to families to pay for their children’s education, either partially or completely, at the school of their choice. Following IJ’s victories at the U.S. Supreme Court–Espinoza v. Montana Department of Revenue in 2020 and Carson v. Makin in 2022–such programs must give parents the freedom to choose a school, regardless of religion.
- Since its founding, the Institute for Justice has filed or intervened in 30 lawsuits defending or seeking to expand publicly funded educational choice programs, including the landmark U.S. Supreme Court case Zelman v. Simmons-Harris.
- We defended the nation’s very first modern-day educational choice program, the Parental Choice Program in Milwaukee, and one of the largest scholarship programs in the United States, West Virginia’s Hope Scholarship Program.
- Each year, over 370,000 students in 19 states, plus Washington, D.C. and Puerto Rico, receive publicly funded scholarships, giving them a chance to be educated in schools that suit their needs.
IJ has fought to protect nearly every publicly funded educational choice program in the country from outside attacks. In IJ’s 2002 U.S. Supreme Court victory in Zelman v. Simmons-Harris, the Court held that publicly funded educational choice programs are indeed constitutional, even when parents have the option to choose religious schools. The Supreme Court ruled that such programs are perfectly permissible under the Establishment Clause of the First Amendment to the U.S. Constitution, which bans the government from making any law “respecting an establishment of religion,” so long as they satisfy two criteria.
First, the program must be religiously neutral, neither favoring nor disfavoring religious options. Religious schools, therefore, can be considered alongside secular schools. Second, the program must be driven by the free and independent choice of parents. This demonstrates that educational choice benefits the parents and their children, not the schools they happen to choose.
After Zelman protected educational choice programs from certain federal constitutional challenges, opponents turned to state courts and state constitutions to try to thwart educational choice. But in two victories at the U.S. Supreme Court, IJ was able to defeat those efforts as well. In 2020, the Court in Espinoza ruled that states cannot apply their own constitutions to bar religious schools from educational choice programs. Then, in 2022, the Court in Carson ruled that states may not prohibit families that participate in educational choice programs from selecting schools that provide religious instruction.
Thanks to IJ’s determined advocacy over three decades, parents have more options than ever before. But IJ is not resting on its past victories. IJ is continuing to file or intervene in lawsuits defending or seeking to expand publicly funded educational choice programs so parents have the educational option that is best for their children.
Educational Choice Issues
Publicly Funded Scholarships
IJ has fought to protect nearly every publicly-funded scholarship program in the country from outside attacks.
Tax Credit-Funded Scholarships
By letting businesses and individuals reduce their annual tax liability through donations to a scholarship organization, the state encourages citizens to support educational choice.
Publicly Funded Scholarships Cases
Educational Choice | Publicly Funded Scholarships
Parents File Petition to Restore South Carolina Educational Choice Program
In 2023, South Carolina created the Education Scholarship Trust Fund (“ESTF”) program. This student aid program grants thousands of qualifying, low-income families a $6,000 scholarship that parents can use for educational…
Educational Choice | Publicly Funded Scholarships
Arkansas Mothers Intervene to Defend Education Freedom Accounts Program Against Lawsuit
Arkansas parents defend a state program that provides eligible families with thousands of dollars to cover certain educational expenses.
Educational Choice | Publicly Funded Scholarships
Utah Families Defend Program That Expands Educational Opportunity
Utah families intervene to defend the Utah Fits All scholarship program, so that families have more choice with their children's' educational opportunities.
Educational Choice | Publicly Funded Scholarships
IJ and a Group of Alaska Parents Seek to Protect Alaska's Popular Correspondence School Program
Alaska families intervene to defend a correspondence school program that gives them more options for their children's education.
Educational Choice | Publicly Funded Scholarships
New Hampshire Families Fight to Defend Education Freedom Accounts
New Hampshire families are poised to defend the state’s Education Freedom Accounts (EFA) from a legal challenge.
Publicly Funded Scholarships News
Arkansas Supreme Court Agrees to Let Group of Mothers Intervene to Defend Education Freedom Accounts Program, Sends Case Back to Trial Court
LITTLE ROCK, Ark.—Today, the Arkansas Supreme Court ruled that a group of parents has the right to intervene in a lawsuit and defend the constitutionality of the state’s Education Freedom Accounts (EFA) Program. The case will now head back to the trial…
Judge Allows Lawsuit Against Alaska Correspondence School Program to Move Forward, Families Will Continue Defending Program
ANCHORAGE, Alaska—Today, the Superior Court for the State of Alaska denied a motion to dismiss a lawsuit challenging the use of the state’s Correspondence School Program to pay for tuition at non-public schools. Parents…
Arkansas Mothers Move to Defend Arkansas EFA Program in Federal Court
ARLINGTON, Va.—Today, the Partnership for Educational Choice, a joint project of the Institute for Justice (IJ) and EdChoice, announced it has filed a motion to intervene in federal court on…
Trial Court Rules Against EdChoice Program, But Program Remains Safe While Parents Appeal Ruling
COLUMBUS, Ohio—On Tuesday, the Franklin County Court of Common Pleas ruled that Ohio’s Educational Choice Scholarship program is unconstitutional. Five families who benefit from the program, represented…
South Carolina Supreme Court Declines to Hear Education Scholarship Trust Fund Lawsuit, After Legislature Amends Program
COLUMBIA, S.C.—On Tuesday, the South Carolina Supreme Court declined to hear a lawsuit from a group of South Carolina parents and their attorneys from the Institute…
Parents File Petition to Restore South Carolina Educational Choice Program
COLUMBIA, S.C.—Today, a pair of South Carolina parents teamed up with the Institute for Justice (IJ) to file a petition that seeks to restore South Carolina’s Education Scholarship Trust Fund…
Publicly Funded Scholarships Legislation
Educational Choice | Publicly Funded Scholarships
Education Savings Account Act: Publicly Funded
Our present system of delivering publicly funded education is in need of dramatic reform. Educational choice programs provide that reform as they shift the power from state boards of education and school districts to…
Publicly Funded Scholarships Research
Educational Choice | Publicly Funded Scholarships
Private Choice In Public Programs
Georgia’s Special Needs Scholarship Program extends to a new group of students the same kind of educational choice already enjoyed by hundreds of thousands of Georgia citizens from prekindergarten through college. Prior to the adoption…
Educational Choice | Publicly Funded Scholarships
Private Choice In Public Programs
Voucher programs that give recipients the free and independent choice of an array of providers, including faith-based organizations, have a long and established history in Arizona, including six different educational voucher programs that help more…